Terms

Terms & Conditions

General

In terms of Information Technology Act, 2000, this document is an electronic record. Being generated by a computer system it does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of FindMeNow.

The software FindMeNow is the property of Clarity Information Technologies Private Ltd, a Company incorporated under the Companies Act, 1956, with its Registered Office at 2148, 1st Cross, HAL 3rd Stage, Bangalore – 560075.

The use of this software by you is solely governed by this policy and any policy or agreement so mentioned by this Terms of Use. You have read and agreed to all of the policies so binding in you and you are contracting with Clarity Information Technologies and have undertaken binding obligations with Clarity Information Technologies.

For the purpose of these Terms of Use, wherever the context so requires “You” or “User” shall mean any natural or legal person who has agreed to become a buyer on the Software by providing Registration Data while registering for the software. The contract provides services only with registration and does not absolve You of this contractual relationship. The term “We”, “Us”, “Our” shall mean Clarity Information Technologies Private Ltd.

You will be subject to the rules, guidelines, policies, terms, and conditions applicable to any service that is provided by this software, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use.

We hold the sole right to modify the Terms of Use without prior permission from You or informing You. The relationship creates on You a duty to periodically check the terms and stay updated on its requirements. If You continue to use the software following such a change, this is deemed as consent by You to the so amended policies. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Software.

By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by other Clarity Information Technologies Private Ltd Policies, inter alia Privacy Policy, which would be amended from time to time.

About Us

Clarity Information Technologies is a Bangalore based company offering services like IT based Automation workflow, development of browser based applications, and mobile applications. FindMeNow is a service for individuals and businesses with an aim to shorten the time it takes to find out the address/location of a businesses individual customer.

Membership And Terms Of Acceptance

The use of this software is available only to designated users who have been provided is a set of secure log in credentials by us. The Product ‘FindMeNow’ itself is hosted on www.findmenow.in which consists of all the details about the features, utilities and functionality of the product along with access entry log in portal. Access to business and legal entities is made available through secure log in credentials. Access to individuals has been made available through ‘One Time Password’ being sent to users to log in.

As a designated user, You, the legal entity are solely responsible for protecting the confidentiality of your username and password and any activity under the account will be deemed to have been done by you. In the event you provide us with false and inaccurate details or We have reasons to believe so, We hold the right to permanently suspend your account.

We reserve the right to update the Terms of Use at any time without notice to you. The most current version of the Terms of Use can be reviewed by clicking on the “Terms of Use” hypertext link provided in the website.

Communications

By using this software, it is deemed that you have consented to receiving-mails, calls, autodialed and/or pre-recorded message calls, from Us at any time with the use of the telephone that has been provided by you for the use of this software. This includes contacting you through information received through other parties including the academic institution in question. The use of this software is also your consent to receive SMS’s from Us at any time we deem fit. This consent to be contacted is for purposes that include and are not limited to clarification calls and marketing and promotional calls.

You hereby unconditionally consent that such communications via SMS and/ or voice call is (a) upon your request and authorization, (b) ‘transactional’ and not an ‘unsolicited commercial communication’ as per the guidelines of Telecom Regulation Authority of India (TRAI) and (c) in compliance with the relevant guidelines of TRAI or such other authority in India and abroad.

You hereby agree and undertake to indemnify us against all types of losses and damages incurred by us due to any action taken by TRAI, Access Providers (as per TRAI regulations) or any other authority due to any erroneous compliant raised by you against us with respect to the intimations mentioned above or due to a wrong number or email id being provided by you for any reason whatsoever.

You may also be contacted by Service Providers with whom we have entered into a contract in furtherance of our rights, duties and obligations under these documents and all other policies followed by Us. Such contact will be made only in pursuance of such objectives, and no other calls will be made.

The sharing of the information provided by you will be governed by the Privacy Policy and We will not give out such contact information of yours to third parties not connected with the Software.

Intellectual Property and Third Party Information

This website is the sole and exclusive property of Clarity Information Technologies or its licensors and vendors. We retain all right, title and interest (including all copyright, trademark, patent, trade secrets, and all other intellectual property rights) in the website.

The content that you post or provide to ‘FindMeNow’ will become our property and you grant us the worldwide, perpetual and transferable rights in such Content. We shall be entitled to, consistent with Our Privacy Policy as adopted in accordance with applicable law, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include the Content you provide, and you shall not be entitled to any payment or other compensation for such use.

User Obligations

You are a restricted user of this software.

6.1 You agree not to access (or attempt to access) the Software and the materials by any means other than through the interface that is provided by the software. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Software or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Software, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Software is expressly prohibited.

6.2 It shall be a violation of these Terms of Use to use any information obtained from the Software in order to harass, abuse, or harm another person.

6.3 We have no obligation, to monitor the usage of the Software. We shall have the right to cancel the membership of the users if it is found to be against the applicable law or either the spirit or letter of these Terms of Use. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE USAGE OF THE SOFTWARE.

6.4 In places where this website allows you to post or upload data/information, You undertake to ensure that such material is not offensive and in accordance with applicable laws. Further, You undertake not to:
Engage in any activity that interferes with or disrupts access to the Website or the Services offered through the site (or the servers and networks which are connected to the Website);

Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;

Publish, post, disseminate, any information which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to indecently representing women within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;

Post any file that infringes the Marks of other legal entities.

Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of our or our vendor websites or another’s computer;

Probe, scan or test the vulnerability of the Website or any network connected to the Website, or breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website, or any other customer or vendor of the website, including any website Account not owned by You, to its source, or exploit the Website or Service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website;

Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites;

Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section.

Use the Website or any material or Content for any purpose that is unlawful or prohibited by these Terms of Use, or the laws of India, or to solicit the performance of any illegal activity or other activity which infringes the rights of this website or other third parties;
violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;

Publish, post, disseminate information that is false, inaccurate or misleading; violate any applicable laws or regulations for the time being in force in or outside India;

Create liability for us or cause us to lose (in whole or in part) the services of our internet service provider (“ISPs”) our vendors or other suppliers;

Software Layout

The Content on FindMeNow is market / consumer relevant information modeled and curated by Clarity Information Technologies to bring out meaningful information elements, pre-packaged in the application per the organizational/institutions’ requirements. Any customization, integration, testing and implementation of features not provided by ‘FindMeNow’s modules would be treated as a stand-alone requirement which adopts a different project methodology, of which the cost and resources required would be communicated separately and has no bearing to the AS-IS provisions of the product ‘FindMeNow’.

Updates

We shall attempt to provide users with prior intimation about updates and upgrades to the ‘FindMeNow’ portal.
Disclaimer of Warranties and Liabilities

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

THE SOFTWARE, SERVICES AND OTHER MATERIALS ARE PROVIDED BY THIS SOFTWARE IS ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, WE MAKES NO WARRANTY THAT
(I) YOUR REQUIREMENTS WILL BE MET OR THAT SERVICES PROVIDED WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE;
(II) MATERIALS, INFORMATION OBTAINED AND RESULTS WILL BE EFFECTIVE, ACCURATE OR RELIABLE;
(III) ANY ERRORS OR DEFECTS IN THE SOFTWARE OR SERVICES WILL BE MODIFIED.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL HAVE NO LIABILITY RELATED TO USER CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, PRIVACY, PUBLICITY, OR OTHER LAWS. THE WEBSITE ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT.

Indemnification and Limitation of Liability

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THIS WEBSITE INCLUDING BUT NOT LIMITED TO ITS AFFILIATE VENDORS, AGENTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL LOSSES, LIABILITIES, CLAIMS, DAMAGES, DEMANDS, COSTS AND EXPENSES (INCLUDING LEGAL FEES AND DISBURSEMENTS IN CONNECTION THEREWITH AND INTEREST CHARGEABLE THEREON) ASSERTED AGAINST OR INCURRED BY US THAT ARISE OUT OF, RESULT FROM, OR MAY BE PAYABLE BY VIRTUE OF, ANY BREACH OR NON-PERFORMANCE OF ANY REPRESENTATION, WARRANTY, COVENANT OR AGREEMENT MADE OR OBLIGATION TO BE PERFORMED BY YOU PURSUANT TO THESE TERMS OF USE, OR ANY OTHER ACTION INCURRED BY YOU AS A RESULT OF USING THE WEBSITE.

FURTHER, YOU AGREE TO HOLD US HARMLESS AGAINST ANY CLAIMS MADE BY ANY THIRD PARTY DUE TO, OR ARISING OUT OF, OR IN CONNECTION WITH, YOUR USE OF THE WEBSITE, YOUR USE OF THE SERVICES OFFERED, ANY CLAIM THAT YOUR MATERIAL CAUSED DAMAGE TO A THIRD PARTY, YOUR VIOLATION OF THE TERMS OF USE, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER, INCLUDING ANY INTELLECTUAL PROPERTY RIGHTS.

THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SOFTWARE IS DONE ENTIRELY AT THEIR OWN DISCRETION AND RISK. WE ARE NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERROR IN THE DETAILS SHOWN / PRODUCED ON THE PORTAL AND WE ACCEPT NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF OURSELF OR THIRD PARTIES.

Termination

Clarity Information Technologies, in its sole discretion may, at any time and without advance notice or liability, terminate or restrict your access to all or any component of our Site, even if access continues to be allowed to others. Upon such termination or suspension, you must immediately discontinue use of the Site, and destroy any copy you have made of any portion of the Site. Accessing the Site after such termination, suspension or discontinuation shall constitute an act of trespassing. We shall not be accountable to you to such suspension or termination.

Hosting of Third Party Information

The website hosts information provided by third parties that is intended for informational purposes only. We are in no way responsible to you for the accuracy, legitimacy and trueness of the information so hosted. We take reasonable care to ensure such accuracy but, you agree to not hold us liable for the falsification of any such provided information. You are responsible for evaluating the accuracy, completeness, and usefulness of any opinion, advice or other content available through the website or obtained from a linked site.

Viruses

We make reasonable attempts to clear the website of viruses and worms, but cannot ensure that the Site will be at all times free from viruses or other destructive software. You are urged to take appropriate safeguards before downloading any information from the Site. We accept no responsibility for any damages to computer equipment or other property which may result from use of the website or downloading anything from the website.

Disputes

If any dispute arises between you and Clarity Information Technologies during your use of the Site or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the Terms and Conditions, the dispute shall be referred to a sole Arbitrator who shall be appointed by us. The place of arbitration shall be Bangalore. The arbitration proceedings shall be in the English language.

The Terms and Conditions shall be governed and construed in accordance with the Indian laws.